Guzman v. Spota

Proceeding pursuant to CPLR article 78 in the nature of prohibition to prohibit the respondents from proceeding with an underlying criminal prosecution entitled People v Guzman, pending in the Supreme Court, Suffolk County, under indictment No. 3152C-10, on the ground, inter alia, of lack of geographic jurisdiction.

Adjudged that the petition is denied and the proceeding is dismissed on the merits, without costs or disbursements.

Although a CPLR article 78 proceeding in the nature of prohibition is a proper means of challenging venue in a criminal action (see Matter of Steingut v Gold, 42 NY2d…